Single judge quashed FIR and proceedings under Essential Commodities Act against mill owner. Court found wheat seized was from private traders, not government stock for fair price shops, ruling continuation as abuse of process.
FIR/CR No.I-3043/2011 and criminal proceedings against the applicant were quashed and set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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srp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 447 OF 2011
Sunil Motilal Sadarangani. ..Applicant. Versus 1. State of Maharashtra.
..Respondents.
Mr. A. A. Kumbhakoni a/w Mr. V. V. Purwant for the applicant. Mr. P. A. Pol, Public Prosecutor for the State.
Coram : RANJIT MORE, J. Date : February 2, 2012 .
P. C. :
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also sealed. During the investigation, it was disclosed that said 102 wheat bags were brought from one Prabhakar Jadhav residing at Latur, who is proprietor of Abhijit Trading Company. Accordingly, Foujdar Chawdi Police Station registered CR. No.I-3043 of 2011 for the offence punishable under sections 3 and 7 of the Essential Commodities Act, 1955, against 4 accused persons, namely, (i) Zahur Rukamoddin Shaikh (ii) Riyaz Moulali Lokapalli, (iii) Prabhakar Jadhav, proprietor of Abhijit Trading Company, Latur and (iv) Sunil Sadarangani, the present applicant, who is owner of R.N.Dal & Besan Mill, Solapur.
. The investigating agency was of the opinion that the said
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wheat was meant for distribution through fair price shop and therefore they sealed mill after recording Panchnama.
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applicant were directed to be delivered to the applicant subject to applicant giving bank guarantee equivalent to the price of the seized commodities, i.e., worth Rs.1,15,99,654/- The said order was subject to the final order to be passed by the Court.
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before the Additional Collector, which prima facie , shows that the wheat was not meant for sale through fair price shop. The Additional Collector considered all aspects and thereafter passed order for return of this wheat alongwith other commodities to the applicant. So far as 102 wheat bags seized from the said truck on 2/5/2011 is concerned, he submitted that statements of concerned officers from the Supply Department, made before the Additional Collector do show that said wheat does not belong to the Government or meant for distribution/sale through fair price shop and therefore applicant cannot be implicated as accused in the said CR registered at Foujdar Chawdi Police Station.
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having gone through compilation of the application as well as additional compilation filed by the Applicant and affidavit of investigating officer, I find merit in the application. The said truck belonging to accused no.2 and driven by accused no.1 was intercepted by the investigating agency and officers of the Supply Department, including respondent no.2, on 2/5/2011. The said truck alongwith commodities therein was seized under the Panchnama. Dhanaji Ratod and Rajendra Waghmare are the panch-witnesses. Panchanama shows that the said truck was found to carrying 102 wheat bags each containing 100 kgs. wheat. Supply Inspector has given statement on 27/5/20111 before the Additional Collector, Solapur. She has stated that she received information that wheat meant for distribution through fair price shop is being transported through Solapur city for selling in black market and thereafter with the help of investigating agency, said truck was intercepted. Driver of the said truck, i.e., accused no.1, on enquiry told that said wheat was to be transported to the R.M. Dal and Besan Mill, Chindholi, belonging to the applicant, as per the instructions given by owner of the truck, i.e., accused no.2. She has given description of the wheat as 102 bags containing 100 kg. each, price of the same is estimated at Rs.
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71,400/-. In this statement she has specifically stated that she is not sure that wheat which was being transported in the said truck, was in fact belonging to the Government meant for distribution through fair price shops. She has further stated that she is not sure because the bags containing government wheat bears Government stamp and Government wheat bags are of 50 kgs and wheat bags, which were seized from the said truck contain 100 kgs. each. On 27/5/2011, the statements of Mr. Mohan Bhosale, Circle Officer, D-Division, and Mr. A.M. Shahapure, Supply Inspector, B-Division, Solapur were also recorded by the Additional Collector. These officers in unequivocal terms have stated that the wheat found in the applicant’s godown cannot be said to be belonging to the Government meant for distribution through fair price shop, in the absence of special criterion to identify the wheat belonging to the Government for distribution through fair price shop. Accused no.3 Prabhakar Jadhav, the proprietor of Abhijit Trading company, Latur, during the proceeding under section 6-B of the said Act, before the Additional Collector produced receipts of purchase of said 102 wheat bags from private traders at Market Yard, Latur. Accused No.3 also produced certificate of APMC, Latur to the effect that accused no.3 has
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purchased 102 wheat bags from private traders trading at APMC, Latur. As stated earlier, 102 wheat bags seized by investigating agency on 2/5/2011, has already been returned to Accused No.3 as per the order passed by the Magistrate under section 457 of the Cr.P.C. in Criminal Miscellaneous Application No.360 of 2011.
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said Act against the applicant. In such circumstances, the continuation of the criminal proceedings against the applicant, in my opinion, will be sheer abuse of the process of law. The proceeding initiated against the applicant, therefore, deserves to be quashed and set aside. The application is therefore allowed. Rule is made absolute in terms of prayer clause (a).
(RANJIT MORE, J.)
3 issues framed by the court
Whether the criminal proceedings against the applicant for violation of sections 3 and 7 of the Essential Commodities Act, 1955 should be quashed given lack of evidence linking seized wheat to governm
Whether the continuation of criminal proceedings constitutes an abuse of the process of law.
Whether the applicant's possession of wheat amounted to the alleged offences and if receipts from private traders negate government ownership claims.
2 provisions across 2 enactments
Sunil Motilal Sadarangani
State of Maharashtra
Smt. Lata Kadiba Chougule
Ranjit More
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
